2020 Georgia Code
Title 43 - Professions and Businesses
Chapter 38 - Operators of Private Detective Businesses and Private Security Businesses
§ 43-38-3. Definitions

As used in this chapter, the term:

1. "Board" means the Georgia Board of Private Detective and Security Agencies, a professional licensing board.
2. "Law enforcement agency" means an agency responsible for ensuring compliance with the laws and ordinances enacted by federal, state, and local governing authorities.
3. "Private detective business" means the business of obtaining or furnishing, or accepting employment to obtain or to furnish, information with reference to:
   1. Crimes or wrongs done or threatened against the United States of America or any state or territory thereof;
   2. The background, identity, habits, conduct, business, employment, occupation, assets, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character of any person;
   3. The location, disposition, or recovery of lost or stolen property;
   4. The cause or responsibility for fires, libels, losses, accidents, damage, or injury to persons or property;
   5. The securing of evidence in the course of the private detective business to be used before any court, board, officer, or investigating committee; or
   6. The protection of individuals from serious bodily harm or death.
4. "Private security business" means engaging in the business of, or accepting employment to provide, any or all of the following:
   1. Private patrol service;
   2. Watchman service;
   3. Guard service;
   4. Armored car service; or
   5. The protection of persons from death or serious bodily harm.

(Ga. L. 1973, p. 40, § 2; Ga. L. 1981, p. 1828, § 2; Ga. L. 2000, p. 1161, § 1; Ga. L. 2000, p. 1706, § 15.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, all of the pre-1991 annotations are taken from opinions under Ga. L. 1973, p. 40, § 1 et seq., and are included in the annotations for this Code section.

- Persons or corporations which employ personnel who engage in activities covered by O.C.G.A. § 43-38-3(2) are required to be licensed by the State Board of Private Detective and Security Agencies, unless they are otherwise exempt pursuant to O.C.G.A. § 43-38-14. Persons or corporations which must be licensed are required to register their investigative personnel. 1991 Op. Att'y Gen. No. 91-34.

- Under state law, a labor union may legally be licensed by the Georgia Board of Private Detective and Security Agencies to conduct a detective business, to conduct a private security business, or to perform security work on the union's own premises, provided that the union meets statutory requirements for licensure. 1976 Op. Att'y Gen. No. 76-125.

- Psychological stress evaluators who are engaged in the business of furnishing information with respect to a person's honesty, integrity, credibility, knowledge, and trustworthiness are engaged in the "private detective business" and must be registered or licensed by the Georgia Board of Private Detective and Private Security Agencies. 1976 Op. Att'y Gen. No. 76-36.

- Exemption from provisions of Ga. L. 1973, p. 40 given to certain peace officers extends only to those persons charged by law with duty to maintain public order or to make arrests for violations of the law, and who devote, on a regular basis, their full time to performance of such duties. 1974 Op. Att'y Gen. No. 74-148.

Security guards employed by Atlanta Housing Authority are not subject to provisions of Ga. L. 1973, p. 40, because employees of the Atlanta Housing Authority are employees of a political subdivision of this state. 1976 Op. Att'y Gen. No. 76-113.

- When a company employs only in-house investigative personnel, and consequently does not fall within the definition of a private detective business, the company is not required to obtain a license. 1979 Op. Att'y Gen. No. 79-21.

- In-house investigative personnel conducting investigations off employer's premises are not required to be registered by the Georgia Board of Private Detective and Security Agencies. This exemption from registration applies only to those in-house investigators who are employed exclusively and regularly by only one employer; their investigations are in connection with the employer's affairs, and the employer is not in the private detective business. 1979 Op. Att'y Gen. No. 79-21.